BILL NUMBER: AB 293	CHAPTERED  10/10/99

	CHAPTER   621
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 5, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999
	AMENDED IN ASSEMBLY   MARCH 16, 1999

INTRODUCED BY   Assembly Member Wesson
   (Principal coauthor: Assembly Member Washington)
   (Coauthor:  Assembly Member Havice)
   (Coauthors: Senators Baca, O'Connell, and Solis)

                        FEBRUARY 8, 1999

   An act to amend Section 417.25 of, and to add Section 417.27 to,
the Penal Code, relating to lasers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 293, Wesson.  Laser pointers:  prohibitions on sale,
possession, and use.
   Existing law provides that every person who, except in
self-defense, knowingly draws or exhibits a laser scope, as defined,
that projects a colored target on a person in a threatening manner
against that person with specific intent to cause a reasonable person
apprehension or fear of bodily harm is guilty of a misdemeanor,
punishable by imprisonment in a county jail for up to 30 days.
   This bill would revise this provision to apply to the situation
where a person aims or points a laser scope at another person instead
of knowingly draws or exhibits a laser scope that projects a colored
target on a person and would include a laser pointer in this revised
provision.  The bill would delete the element of apprehension.
   The bill also would provide that any person who directs the beam
from a laser pointer directly or indirectly into the eye or eyes of
another person or specified service dogs or into a moving vehicle
with the intent to harass or annoy the other person or service dog or
the occupants of the moving vehicle, or who knowingly sells a laser
pointer to a person 17 years of age or younger, unless he or she is
accompanied and supervised by a parent, legal guardian, or any other
adult 18 years of age or older, or any person who possesses a laser
pointer on any elementary or secondary school premises unless
possession of a laser pointer on elementary or secondary school
premises is for a valid instructional or other school-related
purpose, including employment, shall be guilty of an infraction and
shall be punished by either a fine of $50 or 4 hours of community
service.  A 2nd or subsequent violation of any of these offenses
would be an infraction for which the person shall be punished by
either a fine of $100 or 8 hours of community service.
   By creating new crimes, the bill would impose a state-mandated
local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 417.25 of the Penal Code is amended to read:
   417.25.  (a) Every person who, except in self-defense, aims or
points a laser scope, as defined in subdivision (b), or a laser
pointer, as defined in subdivision (c), at another person in a
threatening manner with the specific intent to cause a reasonable
person fear of bodily harm is guilty of a misdemeanor, punishable by
imprisonment in a county jail for up to 30 days.  For purposes of
this section, the laser scope need not be attached to a firearm.
   (b) As used in this section, "laser scope" means a portable
battery-powered device capable of being attached to a firearm and
capable of projecting a laser light on objects at a distance.
   (c) As used in this section, "laser pointer" means any hand held
laser beam device or demonstration laser product that emits a single
point of light amplified by the stimulated emission of radiation that
is visible to the human eye.
  SEC. 2.  Section 417.27 is added to the Penal Code, to read:
   417.27.  (a) No person, corporation, firm, or business entity of
any kind shall knowingly sell a laser pointer to a person 17 years of
age or younger, unless he or she is accompanied and supervised by a
parent, legal guardian, or any other adult 18 years of age or older.

   (b) No student shall possess a laser pointer on any elementary or
secondary school premises unless possession of a laser pointer on the
elementary or secondary school premises is for a valid instructional
or other school-related purpose, including employment.
   (c) No person shall direct the beam from a laser pointer directly
or indirectly into the eye or eyes of another person or into a moving
vehicle with the intent to harass or annoy the other person or the
occupants of the moving vehicle.
   (d) No person shall direct the beam from a laser pointer directly
or indirectly into the eye or eyes of a guide dog, signal dog,
service dog, or dog being used by a peace officer with the intent to
harass or annoy the animal.
   (e) A violation of subdivision (a), (b), (c), or (d) shall be an
infraction that is punished by either a fine of fifty dollars ($50)
or four hours of community service, and a second or subsequent
violation of any of these subdivisions shall be an infraction that is
punished by either a fine of one hundred dollars ($100) or eight
hours of community service.
   (f) As used in this section, "laser pointer" has the same meaning
as set forth in subdivision (c) of Section 417.25.
   (g) As used in this section, "guide dog," "signal dog," and
"service dog," respectively, have the same meaning as set forth in
subdivisions (d), (e), and (f) of Section 365.5.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
